Defense Verdict in Brooklyn Brain Damaged Baby Case
On August 2, 2023, Louis Jakub obtained a unanimous defense verdict on behalf of a maternal fetal medicine specialist who plaintiff claimed failed to properly interpret fetal heart tracings, failed to perform a biophysical profile and other testing, and failed to recommend or timely perform a cesarean section.
In August 2012, the plaintiff-mother presented to Brooklyn Hospital with complaints of decreased fetal movement. She was 28 weeks pregnant and was admitted for continuous fetal monitoring and observation. Plaintiff claimed that Mr. Jakub’s client negligently performed a maternal fetal medicine consultation based on his alleged failure to perform a biophysical profile, umbilical artery doppler testing and by not recommending a cesarean section based on non-reassuring fetal heart tracings. Plaintiff’s expert, a maternal fetal medicine expert from Philadelphia, testified that Mr. Jakub’s client ignored “ominous findings” on the fetal heart tracings based upon minimal and absent variability and the lack of fetal heart accelerations. The expert testified the fetus experienced prolonged hypoxia which ultimately led to an acute hypoxic event the following morning which resulted in the infant being delivered emergently but profoundly brain damaged evidenced by an initial Apgar score of 1.
The plaintiff-mother testified that her attending obstetrician had planned a cesarean section shortly after admission, but that plan was changed after the MFM consultation by Mr. Jakub’s client. Mr. Jakub was able to effectively refute that position by confronting the plaintiff-mother with her prior deposition testimony which contradicted her courtroom testimony. Her lack of recollection regarding all other events during the subject admission was underscored during Mr. Jakub’s cross examination of the plaintiff to impair her credibility. Similarly, Mr. Jakub effectively impeached the plaintiff’s maternal fetal medicine expert by utilizing the expert’s prior testimony which was at odds with the testimony given in this case.
Mr. Jakub’s client maintained that there was no indication to perform a cesarean section given the extreme prematurity (28-week gestational age) and risks associated with delivering a premature infant. Mr. Jakub’s client testified that the fetal heart tracings were normal for a premature infant and that the management of decreased fetal movement was proper. Mr. Jakub’s expert testified that the acute hypoxic event which occurred the following morning which led to the profound brain damage was caused by a clot in the umbilical cord which was identified following delivery during pathological examination of the placenta and umbilical cord (Supreme Court, Kings County, Index No. 3208/2013).
Defense Verdict in General Surgeon Injury Case
At trial, Michael Morris successfully defended a general surgeon who performed a cervical lymph node resection resulting in an alleged…
Fentanyl Intoxication Wrongful Death Trial
Andrew Garson continued his record of successful trial results, obtaining a directed verdict and dismissal of a complex medical malpractice-wrongful…
Defense Verdict in New York
Michael Morris obtained a defense verdict in New York County on June 9, 2023, on behalf of a dermatologist who…
Rockland County Verdict
In Rockland County, Michael Morris represented a plastic/reconstructive surgeon who performed a complex post mastectomy reconstruction procedure of a women’s…
Two Obstetricians Successfully Defended in a Maternal Death Case
Andrew Garson continued his string of courtroom achievements with a unanimous defense verdict on June 22, 2023, successfully defending two…
Surgeon Exonerated in Neurologic Injury Case
Mr. Jakub successfully defended an orthopedic surgeon before a Queens County jury against claims that he caused permanent paralysis and…
Mr. Jakub Presents Lecture to Annual ACOOG Conference
On March 27, 2017 Mr. Jakub presented “The Defendant Doctor and the Deposition: Pitfalls, Opportunities and Practical Advice” at The…
Plastic Surgeon Exonerated In Complex Complications Trial
On April 18, 2016, a Manhattan jury returned a unanimous defense verdict in favor of a New York City physician…
Summary Judgment Motions
Maria Black defended a pain management physician who was alleged to have negligently administered joint injections to the right hip…
Defense Triumphs In Hip Dysplasia Claim Despite Compelling Damages
Andrew Garson successfully defended a local teaching hospital and its former employee, a pediatric resident, in the most compelling emotional…